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a simple or ordinary summons; a combined summons; and; a provisional sentence summons. A simple summons is a document which contains the basis (the particulars of the claim) for the plaintiff's action in the body of the summons. The simple summons is the High Court equivalent of the ordinary summons in the Magistrate's Court.
The summons is the descendant of the writ of the common law. It replaces the former procedure in common-law countries by which the plaintiff actually had to ask the sheriff to arrest the defendant in order for the court to obtain personal jurisdiction in both criminal and civil actions.
A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy . If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages ).
Suitable age and discretion is both a legal definition of maturity (and by contrast immaturity), [1] and an alternate method of service of process by which a process server can leave a summons, subpoena, or complaint with a person living at the residence of the defendant.
As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request ...
In law, the real party in interest is the one who possesses the substantive right being asserted and has a legal right to enforce the claim (under applicable substantive law). The "real party in interest" must also sue in his own name. In many situations, the real party in interest will be the parties themselves (i.e., plaintiff and defendant).
This test considers: the burden on the defendant from litigating in the forum state; the interest of the forum state in having the case adjudicated there; the interests of the plaintiff in adjudicating in the forum state; the interests of the inter-state judiciary—that is, that a court's assertion of personal jurisdiction over an out-of state ...
Life estate: An estate lasting for the natural life of the grantee, called a "life tenant". If a life estate can be sold, a sale does not change its duration, which is limited by the natural life of the original grantee. A life estate per autre vie is held by one person for the natural life of another person.